Digital review

Talk Talk and BT have been granted a judicial review concerning the online copyright infringement provisions of the Digital Economy Act. The High Court agreed that the new obligations on internet service providers may have legal effects of their own and therefore constituted technical regulations, meaning that they should have been referred to the European Commission before enactment. The provisions were disproportionate in their effect and should be scrutinised, if necessary, before the publication of the anticipated statutory codes. It may also be that that the provisions are incompatible with the E-Commerce Directive and the E-Privacy Directive.

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